2 execs dispute Cebu Customs post

CEBU, Philippines — Does the Bureau of Customs-Cebu have two district collectors?

For Elvira Cruz, who was unceremoniously told to vacate her post, she is still the rightful person to the position.

Charlito Martin Mendoza, on the other hand, who was just recently appointed to the post, said he is now Cebu’s district collector.

Cruz's lawyer, Zeus Librojo, in a press conference said that Mendoza is usurping the power of Cruz.

"We are asking the court to rule (on) the action of Commissioner Guerrero and Mendoza," Librojo said.

Librojo added that in filing a case with the Court of Appeals in Cebu, they want to stop "every act that is illegal, unlawful and does not conform with the rule of law".

Mendoza, however, claimed his installation was legal.

"It is not illegal. It is covered by orders signed/approved by Secretary Dominguez," said Mendoza in an interview with The FREEMAN.

Last July 1, Mendoza took his oath as the new acting district collector of Port of Cebu effective on that day during the installation ceremony presided by BOC Commissioner Rey Leonardo B. Guerrero.

His assumption, Mendoza said, is in compliance with Customs Personnel Order (CPO) No. B-55-2019 dated June 13, 2019.

The said CPO was signed by Guerrero and approved by Department of Finance Secretary Carlos Domiguez III on June 25, 2019.

Based on that CPO, Mendoza did not replace Cruz.  Instead, he replaced Atty. Lemuel Erwin Romero, who was the OIC district collector of Cebu.

Romero occupied the post since April.

But Cruz said the CPO issued on April was null and void due to the election ban.

Cruz said she remained as the district collector saying that on January 10, 2019, the Office of the Customs Commissioner issued a CPO for the re-assignment order but she has timely appealed the CPO before the Civil Service Commission.

In June 7, 2019, Atty. Prisco S. Rivera, Jr., CSC Officer-in-Charge, issued a directive suspending the re-assignment order stating that “Pending appeal of such reassignment order, the reassignment shall not be executor.”

"Is the Department of Finance aware of this? Does Secretary Dominguez know of the Civil Service directive?" Cruz said in her prepared statement.

She said the directive from the CSC is quite clear that OCCOM should not have prematurely implemented her reassignment because of the pending appeal.

"Her reassignment is therefore premature and violates the right of Atty. Cruz to due process and fair play. To arbitrarily enforce the OCCOM Order, with military-like fashion, does not sit-well with a government department which must adhere to the rules and policies of the Civil Service," Cruz said in a statement.

Cruz said that the enforcing team came to BOC-Cebu in full force with several armed Coast Guard men in fatigue.

She was barred entry to the bureau on July 1.

Mendoza, however, said that since he assumed as district collector on July 1, the bureau has normal operations and free from any chaos.

Cruz, on the other hand, had already sought redress and clarification with the Office of the Ombudsman, CSC and Court of Appeals.

Mendoza is a Bar topnotcher, placing third in the 2004 Philippine Bar Examinations. Prior to joining the Bureau of Customs, he was a private practitioner, a professor of law and an MCLE lecturer.

Cruz's legal counsel added that her client is a long time civil servant and has maintained a respectable and professional track record in service of the country.

"All she asks is to be given the proper due process and be heard by the Civil Service Commission, and be accorded a decent and fair chance to defend her honor," her lawyer added.

Meanwhile, Mendoza had his first visit at the Designated Examination Area (DEA) located at the Cebu International Port since his installation last Monday.

In a statement posted at the BOC-Cebu Facebook page, it said that Mendoza observed with the conduct of examinations at the DEA.

He also visited the stripping/stuffing area, where he witnessed the examination of a shipment containing Used Track Replacement Parts (UTRPs) by Customs Examiner Dennis Adizas.

"The new leadership of the BOC Port of Cebu strives to attain one of the Ten Point Priority Agenda of the BOC Commissioner that is the enhancement of cargo clearance and examination capabilities. With the cooperation of every customs personnel and the support of all stakeholders in the Port of Cebu, we would be able to fulfil the Bureau's mandate of revenue collection and border control," said Mendoza. (FREEMAN)